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The European Union is unique amongst international organisations in that it has a highly developed and coherent system of judicial protection. The rights derived from Union law can be enforced in court, as opposed to other international organisations whereby enforceability is often far less certain. At the heart of the system of judicial protection in the European Union is the core principle of upholding the rule of law. As such, the stakes are high in the sense that the system of the judicial protection in the European Union must live up to its promise in which individuals, Member States and Union institutions are all guaranteed a route by which to enforce Union law rights.
This book provides a rigorously structured analysis of the EU system of judicial protection and procedure before the Union courts. It examines the role and the competences of the Union courts and the types of actions that may be brought before them, such as the actions for infringement, annulment, and failure to act, as well as special forms of procedure, for example interim relief, appeals, and staff cases. In doing so, special attention is given to the fields of EU competition law and State aid. In addition it evaluates the relationship between the Court of Justice and the national courts through the preliminary ruling procedure and the interplay between EU law and the national procedural frameworks generally. Throughout, it takes account of significant institutional developments, including the relevant changes brought by the entry into force of the Lisbon Treaty and the amendments to the Statute of the Court of Justice of the European Union and the Rules of Procedure of the Court of Justice and the General Court.
Previously published as The Procedural Law of the European Union, this thoroughly revised work will continue to be the first port of call for legal practitioners and academics seeking guidance on the system of judicial protection in the EU.
Koen Lenaerts, Vice President of the Court of Justice and Professor of European Law, European Union and University of Leuven,Ignace Maselis, Legal Secretary, Court of Justice of the European Union,Kathleen Gutman, Affiliated Senior Researcher, Institute for European Law and University of Leuven
Koen Lenaerts is a Judge of the Court of Justice of the European Union since 2003 and Vice President of the Court since 2012. He was a Judge of the Court of First Instance of the European Communities. He is also a Professor of EU Law at the University of Leuven. Among his extensive scientific activities, he is a member of the boards of several internationally recognized legal journals, the Board of Trustees of the Academy of European Law, Trier, and the Advisory Council of the British Institute of International and Comparative Law.
Ignace Maselis has been working as a referendaire since 1993 first at the Court of First Instance of the European Communities (now the General Court of the European Union) and presently at the Court of Justice of the European Union. He practiced EU law at the Brussels bar between 1987 and 1993. He holds a Lic. Jur. from the University of Leuven and an LL.M. from the University of Chicago.
Dr. Kathleen Gutman is an American-trained lawyer specialising in EU and International Law and the comparative study of EU-US law. She has been awarded several advanced legal degrees from American and European institutions, including a J.D./LL.M. in International, Foreign, and Comparative Law from Duke University School of Law, as well as a M.A. in European Studies and a Ph.D. in Law from the Katholieke Universiteit Leuven. She has also worked as a summer associate in the Brussels office of Van Bael & Bellis and as a litigation associate in the New York office of Jones Day.
Janek Tomasz Nowak is a doctoral candidate in Law at the University of Leuven. He also teaches EU Law at the MCI Management Center Innsbruck, Austria. His main research interests include EU Procedural, Constitutional, and Administrative Law. He holds a Lic. Jur. and Cand. Jur. from the University of Antwerp, and an LL.M. from King's College London. He previously worked as a trainee at the Court of Justice of the European Union.
Table of Contents
List of abbreviations
1. General Introduction
PART I: THE JUDICIAL ORGANISATION OF THE EUROPEAN UNION
2. The European Courts
3. Cooperation between the National Courts and the Court of Justice: The Reference for a Preliminary Ruling
4. National Procedural Autonomy, Equivalence, and Effectiveness
PART II: ENFORCEMENT OF UNION LAW
5. The Action for Infringement of Union Law by a Member State
6. Preliminary Rulings on the Interpretation of Union Law
PART III: PROTECTION AGAINST ACTS OF THE INSTITUTIONS
7. The Action for Annulment
8. The Action for Failure to Act
9. The Objection of Illegality
10. Preliminary Rulings on the Validity of Union Law
11. The Action for Damages against the Union
12. Application for an Opinion on the Compatibility with the Treaties of an International Agreement to be Concluded by the Union
PART IV: SPECIAL FORMS OF PROCEDURE
13. Proceedings for Interim Measures Before the Union Courts
14. Proceedings for Authorisation To Serve a Garnishee Order on the Union
15. Unlimited Jurisdiction of the Union Courts in respect of Actions Relating to Sanctions
17. The Review Procedure
18. Proceedings Brought By Officials and Other Servants of the Union (Staff Cases)
19. Jurisdiction of the Union Courts To Give Judgment Pursuant to an Arbitration Clause or Special Agreement
20. Jurisdiction of the Union Courts Over Disputes Relating to Intellectual Property Rights
21. Jurisdiction of the Court of Justice under Conventions Concluded by the Member States
22. Jurisdiction of the Court of Justice of the European Union with regard to the Area of Freedom, Security and Justice
PART V: PROCEDURE BEFORE THE UNION COURTS
23. Common Procedural Rules Applicable to Cases Before the Union Courts
24. Procedure in the Case of References for a Preliminary Ruling
25. Procedure in the Case of Direct Actions
26. Procedure in the Case of Appeals Against Decisions of the General Court